Decision

Bouchard c. Ikea Canada, 2021 QCCS 1376

2021-01-28

Read full decision. Summary prepared by Alan Macek:

The plaintiff, Madame Claude Bouchard, is suing the defendants (collectively "IKEA") on the basis of an action for infringement of copyright. ... According to Ms. Bouchard, ten soft toys developed by IKEA in 2014 violate the copyright that she holds in her 80 soft toys. IKEA's works, namely the ten soft toys, were also created from children's drawings, following an international competition launched by IKEA in September 2014. ... After reviewing the file, and for the reasons that follow, the Tribunal concludes that the Applicant's proceeding should be dismissed now. Obviously, there has been no reproduction of a substantial part of the plaintiff's work within the meaning of the Copyright Act ... The style of an artist is not protectable either, especially when, as here, it is essentially composed of conceptual elements or methods of production, some of which are clearly generic and / or dictated by standards of security. (Based on a translation)

 

Canadian Intellectual Property